IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13064 of 2008(E)
1. SHIHAS.M.B,MANAGING PARTNER,
... Petitioner
Vs
1. UNION OF INDIA REPRESENTED BY ITS
... Respondent
2. INDIAN OIL CORPORATION LTD, REPRESENTED
3. CHIEF DIVISIONAL RETAIL SALES MANAGER,
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/06/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.13064 of 2008
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Dated this the 13th day of June, 2008
J U D G M E N T
M/s.K.R.Fuels, a proprietary concern, was a dealer in
petroleum products appointed by the 2nd respondent. That
dealership was cancelled. The petitioner has now come with a
case that in the petitioner’s property where M/s.K.R.Fuels was
running the dealership, the 2nd respondent is taking steps to start
a new dealership to be run by a new dealer. According to the
petitioner, in the petitioner’s property, without a proper lease the
2nd respondent cannot start a new agency with a new dealer.
2. The learned standing counsel appearing for
respondents 2 and 3 submits that the petitioner is not the owner
of the property in question at all and, in fact he is a stranger. The
owner of the property was the father of the former dealer who
committed suicide and the petitioner has nothing to do with the
property. The petitioner could not controvert this contention. In
fact the counsel for the petitioner agrees that he is not the owner
of the property. He being not a owner of the property, he cannot
w.p.c.13064/08 2
raise any objection regarding starting of the new dealership in
that property. Therefore, I do not find any merit in the writ
petition and accordingly, the same is dismissed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge